The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1887-12-15

common law-lEc place which Needs to be
mended and strengthened. ] can state
only approximately the number of ad-
Judged cases in our books Of reports. A
rough estimgte places them ut half q mil
lion. The man does not live who could
thus go through with the half of them;
ana there never was u memory strong
enough to stand up under the load; or, il
there was, it would crush out the reason
ing powers and reduce the intellect to
tdiocy In every view, therefore, we need
iurists.
There are some lawyers who clamorcd
for codiication. The suggestion was made
that the quarrel over this question of codi-
flcatiOn be suspended until our law has re.
ccivcd such juridical culture rs to inform
us, and enable us to agree among ourselves,
just what and how many are its elementary
principles, reduced to their smallest pro
portions.
He urged American advocates Of codif.
cation to prepare and publish what they
proposed for codes Then the # rthcr
question Of their Legislative enactment
would present self at the proper umc
But am here X minded that we have i'm
mcnsc plumbers IF legal text books, and |
am asked whether deny that they pro,
coed from iursts. | reply that they are of
vastly differing qualities, aud that no one
characterization could properly be applied
10, Hil. The manner of making your
n0nmcd text books" was fully discussed
and 1t was shown that the author "usualy
pirates the work Of his predecessor, edits il,
then publishes it as entirely his own pro,
duction. This is the "usual' legal author;
IGNORED by practicing profession, and
bowed before and followed by the Judges.
The noteworthy part OF The matter was
ihnt hil l.,
and administered by courts smiling on
piracy, arc 50 defective as TO seem almost
worthless not so are the laws which punish
cheating by false prctcnscs. The latter cX-
ISL III all our States, and the vi0lutors of
them arc shut up in the pcnitcntiarics, cX-
CCpt when the persons cheated arc lawyers
do not know how you do things in South
Carolina, but we in Massachusetts put into
Our pcnitcntiary great lawyers, great scnu-
tors, presidents Of immCuSc corporations.
clcrgymcn, and in one instance we received
one OF your honorcd South Ca olina cX-
governors. Why exempt your h0norcd
authors? The only reason can imagine is,
that the men of our noble and generous
profession, dccming with liudibrps that
'Thc pleasure is rs great
or being cheated as TO cheat"
sCnrn 10 make complaint of those who have
been to them the source Of such profound
happiness.
Another method of producing l,gaI text.
books is for an older man to minglc his
work with that of boys helping. II this is
done, not under the false prctcnsc that the
whole proceeded from the 0StcnSiblr author.
hut accompanied by IN honest statement
10 the public there is no wrong in il; and
The result max be, in some circumstances
and for uses, excellent, but it is not Il iuriSl's
work.
The very famous law school connected
wtth our Oldest university, some of the pro-
lrSSorS whereof have produced books which
hay" occupied the first place in our esteem,
has swept the whole line Of textbooks
away, and declared that none, whether
Wtiltcn by It's former professors or others.
are Il; to be used by persons ignorant of the
law III acquiring a knowledge of it. This
method is sometimes inaccurntely termed
ne teaching Of the law by cases And the
brCl explanations of the reason of the
change demonstrate that, while the univcr-
Ncrslty docs not choose u pronounce i'm
words the common laws utter lack Of
luristS, it believes it to have none, and
adaptS its curriculum TO this belief,
JuriSt& writings arc "Original sources, ="
lhcy arc moi the apple which suggested To
Sir Isaac Newton the law Of gravitation
bat his Organon. An adiudgcd case is the
apple. And the showers of apples, and the
glorious ingathcrings Of the fruit, not un.
HllN emblem the vast accumuati0nS Of our
reports Of adiudgcd cases
Law is the only profession which teaches
the sort Of reason that governs the State.
Should the cry for cOdlication, under the
eternal aspiration Tor luZincSS, prevail. and
the clement Of reason which the practice
aud administration of the common law
have carried into government affairs. be
hnniNhcd therctrom, the hitherto common.
law nations will quickly cease to be the
leaders of the civilized world
I'LL governmental affairs travel in the
path ol precedent, SO that it is of the high
est Importance for the officers of govern
mCn' To understand how to select and aDplv
prcccdrnts. And there i no possible way
III which, this skill can be so well acuuircI
a. IN the study and practice Of the common
law.
In the highcr walks of government, the
lncumOCntS OF oilicc arc largely LAWYERS.
H'rIk" Gown the common law and baniSh
II !roHl rs, and ''seWcr Justice" will be the
common >iuStiCc of the country. The
officers who administer sewer Justice mean
W"l' With all their hearts they aspire to
Know the ways Of duty, and they unilinch.
'u"'N walk 10y the light which they oct
II ~ h'iShppTS, inc puDllc, do not irOWn
upon them: all being in the dark together,
no one doubts that the law is admirably
admlmiStcrcd Yet all see that Injustice is
being done. The conclusion TO which large
numbers arrive is, that the whole system is
wrong; that the law, from which Injustice
thus proceeds, should be put down and
blnlShcd; and that government, which cS:
tnblishcs what is SO wicked rs law. should
bc banishCd also.
II cOdiiicatiOn succeeds to the extent of
aS'aSSihatlng our common law, what but
Heaven can we rely upOn for the future,
In the hope Of better things, turn from
this picture Of despair.
ii | were addressing q less intcllipcnt
audience | might urge upon you action to
prevent an enormous; threatened danger
But it is unnecessary / should say more to
you. :
have thus laid before you the most i'm.
portaut subject connected with the future
OF our jurisprudence. Please supply nv
deficiencies with your own more Fruitful
and valuable reflections.
Thanking the audience for their kind in
duigcncc, Mr.. Bishop resumed his seat
amid thundcrous applause. and received
Numerous congratulations from the distin
guiShCd men present
At the conclusion Of Mr.. Bishops ora
ton, cN'Attorncy General Miles, Of
Charleston, offered Il resolution thanking
the orator for his able and interesting nd